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AMERICAN LAND TITLE ASS'N v. CLARKE

No. 89 CIV. 6939 (MJL).

772 F.Supp. 1353 (1991)

AMERICAN LAND TITLE ASSOCIATION and New York State Land Title Association, Plaintiffs, v. Robert L. CLARKE, in his official capacity as Comptroller of the Currency, and the Office of the Comptroller of the Currency, an Agency of the United States, Defendants, and The Chase Manhattan Bank, N.A., Intervenor-Defendant.

United States District Court, S.D. New York.

August 7, 1991.

Attorney(s) appearing for the Case

Pierson Semmes and Filey by William T. Finely, Jr., Sheldon E. Hochberg, David F.B. Smith, Washington, D.C., Olwine, Connelly, Chase, O'Donnell & Weyher by Charles M. McCaghey, Grace M. Healy, New York City, for plaintiffs.

Otto G. Obermaier, U.S. Atty., S.D.N.Y. by Kay Gardiner, Gabriel W. Gorenstein, New York City, Office of the Comptroller of the Currency, of council by Mark L. Leemon, Washington, D.C., for defendants.

OPINION AND ORDER

LOWE, District Judge.

Before this Court is plaintiffs' motion pursuant to Fed.R.Civ.P. 56 for summary judgment. Defendants cross-move for dismissal under Fed.R.Civ.P. 12(b)(6). For the reasons set forth below, defendants' motion is granted and plaintiffs' motion is denied.

BACKGROUND

The OCC is the federal agency charged with the supervision and regulation of national banks and the administration of the National Bank Act...

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